Friday, September 12, 2014

Probation Rules under Article 53 and 54 of Saudi Labor Law

Saudi Labor Law deals with probation rules very clearly. There are some terms and clauses regarding probation rules in Saudi Labor Law about which we shall be explaining in this article. The sole purpose of having a probation period is to give an opportunity to both, the employer and the employee to understand the work environment and other factors before making a final decision to continue the job. I have listed down different rules given in the Saudi Labor Law about the probation period below.

  • If the employee is subject to a probation period, that should be expressly mentioned and clearly indicated in the work contract – Article 53 of Saudi Labor Law
  • Such probation period shall initially be for 90 days, however, it can be extended to 180 days with the written consent of both the parties - Article 53 of Saudi Labor Law
  • The probation period is exclusive of Eid al-Fitr and Eid al-Adha holidays and sick leaves – Article 53 of Saudi Labor Law
  • Each party has the right to terminate the contract during probation period unless the contract embodies a clause giving the right to terminate the contract to only one of them – Article 53 of Saudi Labor Law
  • During the probation period and as per the clauses of Saudi Labor Law, each party has the right to terminate the contract with one day notice period – Recommended: What is the Notice Period under Saudi Labor Law?
  • An employee cannot be put on probation more than once by the same employer for the same job – Article 54 of Saudi Labor Law
  • However, an employee can be put on probation by the same employer for a period not exceeding 90 days if he rejoins the company if a different job is offered to him and he accepts it – Article 54 of Saudi Labor Law
  • An employer can be put on a probation period if he resigned or was terminated from the company more than 6 months ago and rejoins the company - Article 54 of Saudi Labor Law
  • If the contract is terminated during the probation period, neither party shall be entitled to compensation nor shall the employee be entitled to an end-of-service award – Article 54 of Saudi Labor Law
  • If you resign within the probation period or employer terminates you as you are not fit for the required job, the employee will have to bear the cost of returning back to his home country as per Article 40 (2) of the Saudi Labor Law.
  • Teachers working in Saudi Arabia are subject to some different rules and regulations with reference to the probation period. Recommended: Two Years’ Probation Period for new Teachers in Saudi Arabia
  • Latest Amendment: It has been approved by the Ministry of Labor that the employer is required to provide leaves to the employee in probation on Eid-ul-Fitr and Eid-ul-Adha and during illness. However, it does not mean that this period will be counted in his probation period. Source: Arab News

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